On The Legal System Of Employment Assistance

The legal system of employment assistance is a social security system with dual attributes of employment promotion and social assistance set up by the state for people with employment difficulties.At present,China’s employment assistance legal system has basically formed an employment assistance system consisting of national legal provisions and local implementation norms.However,with the development of the society,the structural reform of the labor market,and the impact of the epidemic situation,it has brought great challenges to the work of "stabilizing employment" in China.The competition for employment of the labor force has become increasingly fierce,and the unemployment situation is grim.Therefore,it is urgent to improve the legal system of employment assistance.Therefore,it is necessary to study the relevant issues of the legal system of employment assistance in order to achieve the perfection of the legal system of employment assistance.The legal system of employment assistance in China refers to a social assistance system that is mainly carried out by the state for those who have the ability to work or other types of employment difficulties in the family enjoying the minimum living security to help them achieve "self-help" employment,change their living difficulties and have the expectation of sustainable development.It should have the dual nature of "social assistance" and "employment promotion".At present,China’s legislation at the national and local levels still has some deficiencies,which may be reflected in the low level of legislation,the excessive number of authorized legislation,and the weak operability.However,the theory of ensuring the right to employment,the theory of national responsibility,the theory of assisting self-reliance and the theory of development-oriented assistance can become the theoretical source for the improvement of China’s legal system of employment assistance.The relevant legislation on employment assistance in foreign countries is relatively sound,and its unique advantages are reflected in the identification of the beneficiaries of employment assistance,the obligations that multiple subjects should perform in employment assistance,the richness of the exit mechanism of employment assistance and the function of supporting systems.Based on the current situation in China,in order to improve the legal system of employment assistance,it is necessary to first refine the criteria for the identification of the subject of assistance from both objective and subjective aspects,and add "the legal consequences of the unjust identification of the subject of assistance" to the relief of the rights of the subject of assistance to improve the identification dispute handling mechanism.Then further restrict the government’s primary obligations in employment assistance from three aspects: system construction,fund supply construction and implementation,improve the rights and supplementary obligations of social forces in assistance from aspects such as simplifying the process,and further standardize the obligation of assistance and self-reliance that families and individuals should perform in employment assistance in the form of law.Then we should adhere to unified exit conditions and implement dynamic management on the exit mechanism of the recipients,effectively link the minimum living security system and the employment assistance system in terms of the function of the supporting system,unify the right to receive the minimum living allowance and the obligation to actively seek work,and formulate the responsibility to reduce or stop the issuance of the minimum living allowance for breach of contract.We should coordinate the legal system of unemployment insurance and employment assistance,and maximize the function of unemployment insurance to promote reemployment.We will build a public employment service system,innovate the new model of "Internet plus+public employment service",and establish a "five in one" public employment service system based on physical halls,online halls,mobile clients,self-service terminals,and service telephones,we will also improve the supervision and management system of employment assistance by establishing a supervisor system.